A Small but Significant Reform that Could Have Put the Cap Back on Misdemeanor Sentencing for Colorado’s Noncitizens

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Mark Taylor Feero[*]

A power struggle between the states and the federal government has reached a heightened tension in the past year with the United States even filing a lawsuit against the State of California. This heightened tension has been brought on by the conflict between the current administration’s intensified efforts at deporting removable noncitizens and local law enforcement agencies that have instituted various policies to limit their cooperation with federal immigration enforcement agents, more commonly known as “sanctuary cities” or “sanctuary states.” The debate over the permissibility of these policies has largely focused on the intersection between the supremacy of federal immigration law to preempt state laws that “create an obstacle to the full purposes and objectives of Congress” and the federal government’s inability to commandeer state officers to carry out federal commands. Importantly, the states maintain a key power free from potential federal interference, which comes in the form of the power to establish state criminal laws and appropriate sentencing outside of the immigration context. Federal immigration authorities frequently depend on the elements of these state criminal laws and their sentences to determine whether a specific conviction qualifies as a deportable offense.

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Facebook, Fake News, and the First Amendment

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Ashley Smith-Roberts

As social media gains heightened influence over our lives, it becomes increasingly important that the news we receive online be accurate, trustworthy, and dependable. However, episodes such as “Pizzagate” and claims of Russian interference in the US presidential election have resulted in more Americans than ever questioning the accuracy of the daily news updates that they receive on their social media devices. Recent concerns over data privacy and national security have highlighted that “fake news” has begun to infiltrate our society in ways previously inconceivable.

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Keep Calm and Follow State Law: Marijuana Attorneys React to Sessions Memo

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Jill Beathard

When Attorney General Jeff Sessions announced on January 4, 2018, that the Justice Department was rescinding previously issued guidance about the enforcement of the nation’s marijuana laws, he made clear that he was parting ways from the previous Administration’s approach to enforcement in states where use of the substance has been legalized. What he did not do was make clear how he wants his Department to handle it now.

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